TAJODDIN Vs. S.R. KOMBDE

JUDGEMENT

(1.) The present appeal is filed under Sec. 30 of workmen's compensation Act seeking enhancement of compensation. The learned Commissioner for Workmen's Compensation / Labour Judge at Latur has passed the judgment and award dtd. 19/6/2000 in WCA NO.37/1998 in favour of applicant, thereby granting compensation of Rs.1,37,124.00 along with interest @ 12% per annum from the date of accident. i.e. 27/1/1998.

(2.) The appellant / applicant had approached the Commissioner for Employees Compensation / Labour Judge at Latur, contending that he was employed on the truck No. MH-24-A-2220 owned by the opponent on wages of Rs.2,000.00 per month. On 27/1/1998 at about 10.00 p.m., he removed the stone support of the tyres, suddenly, the truck rolled and crushed the left foot, consequently, applicant suffered permanent disablement and loss of earning capacity. The claim was contested by employer / owner of vehicle as well as insurer. The learned Commissioner after hearing, partly allowed the claim and passed an award of Rs.1,37,124.00 along with interest @ 12 % per annum.

(3.) The notice of appeal was issued to the respondents. The bailiff report dtd. 17/4/2004 received with remark that "respondent No.1 / employer is dead". No steps were taken in appeal for bringing legal heirs of the deceased / respondent No.1 on record of the appeal. The learned Registrar (Judicial) of this Court passed an order dtd. 1/2/2005 regarding abatement of appeal against the respondent No.1. Even thereafter, no steps are taken for setting aside the order of abatement of appeal or bringing legal heirs of respondent No.1 on record.